73.1 PREFERENCE -- CONDITIONS.
Every commission, board, committee, officer or other governing
body of the state, or of any county, township, school district or
city, and every person acting as contracting or purchasing agent for
any such commission, board, committee, officer or other governing
body shall use only those products and provisions grown and coal
produced within the state of Iowa, when they are found in marketable
quantities in the state and are of a quality reasonably suited to the
purpose intended, and can be secured without additional cost over
foreign products or products of other states. This section shall
apply to horticultural products grown in this state even if the
products are not in the stage of processing that the agency usually
purchases the product. However, this section does not apply to a
school district purchasing food while the school district is
participating in the federal school lunch program.
All requests for proposals for materials, products, supplies,
provisions, and other needed articles and services to be purchased at
public expense shall not knowingly be written in such a way as to
exclude an Iowa-based company capable of filling the needs of the
purchasing entity from submitting a responsive proposal. Section History: Early Form
[C27, 31, 35, § 1171-b1; C39, § 1171.01; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 73.1] Section History: Recent Form
86 Acts, ch 1096, § 10; 2004 Acts, ch 1046, §1
73.2 ADVERTISEMENTS FOR BIDS -- FORM.
1. a. All requests hereafter made for bids and proposals for
materials, products, supplies, provisions, and other needed articles
to be purchased at public expense, shall be made in general terms and
by general specifications and not by brand, trade name, or other
individual mark.
b. All such requests and bids shall contain a paragraph in
easily legible print, reading as follows:
"By virtue of statutory authority, a preference will be given to
products and provisions grown and coal produced within the state of
Iowa."
2. In addition to any method of advertisement required by law,
any executive branch agency, the general assembly, and the judicial
branch shall advertise any request for bids and proposals on the
official state internet site operated by the department of
administrative services. An electronic link to an internet site
maintained by an executive branch agency, the general assembly, or
the judicial branch on which requests for bids and proposals for that
agency or for the general assembly or judicial branch are posted
satisfies the requirements of this subsection. Section History: Early Form
[C27, 31, 35, § 1171-b2; C39, § 1171.02; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 73.2] Section History: Recent Form
2002 Acts, ch 1072, §1; 2003 Acts, ch 145, §286; 2008 Acts, ch
1032, §163
Referred to in § 8A.311
73.3 IOWA LABOR.
Every commission, board, committee, officer or other governing
body of the state, or of any county, township, school district or
city, and every person acting as contracting agent for any such
commission, board, committee, officer or other governing body of the
state, or of any county, township, school district or city, shall
give preference to Iowa labor in the constructing or building of any
public improvement or works, and every contract entered into by any
such commission, board, committee, officer or other governing body of
the state for the construction or building of any public improvement
or works shall contain a provision requiring that preference shall be
given to Iowa domestic labor in the constructing or building of such
public improvement or works. Section History: Early Form
[C31, 35, § 1171-d1; C39, § 1171.03; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 73.3]
73.4 DOMESTIC LABORER -- DEFINITION.
A person shall be deemed to be a domestic laborer of this state if
the person is a citizen and has resided in this state for more than
six months. Section History: Early Form
[C31, 35, § 1171-d2; C39, § 1171.04; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 73.4]
73.5 VIOLATIONS -- CRIMINAL PENALTY.
An officer or person who is connected with, or is a member or
agent or representative of a commission, board, committee, officer or
other governing body of this state, or of any county, township,
school district, city, or contractor, who fails to give preference as
required in this chapter is guilty of a simple misdemeanor. Each
separate case of failure to give preference is a separate offense.
Section History: Early Form
[C31, 35, § 1171-d3; C39, § 1171.05; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 73.5] Section History: Recent Form
86 Acts, ch 1096, § 11
73.6 IOWA COAL.
It shall be unlawful for any commission, board, county officer or
other governing body of the state, or of any county, township, school
district or city, to purchase or use any coal, except that mined or
produced within the state by producers who are, at the time such coal
is purchased and produced, complying with all the workers'
compensation and mining laws of the state. The provisions of this
section shall not be applicable if coal produced within the state
cannot be procured of a quantity or quality reasonably suited to the
needs of such purchaser, nor if the equipment now installed is not
reasonably adapted to the use of coal produced within the state, nor
if the use of coal produced within the state would materially lessen
the efficiency or increase the cost of operating such purchaser's
heating or power plant, nor to mines employing miners not now under
the provisions of the workers' compensation Act or who permit the
miners to work in individual units in their own rooms. Section History: Early Form
[C39, § 1171.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 73.6]
Referred to in § 73.9, 73.10
73.7 AND 73.8 Repealed by 95 Acts, ch 71, § 3.
73.9 VIOLATIONS -- REMEDY.
Any contract entered into or carried out in whole or in part, in
violation of the provisions of section 73.6, shall be void and the
contract or any claim growing out of the sale, delivery, or use of
the coal specified in the contract, shall be unenforceable in any
court. In addition to any other proper party or parties, any
unsuccessful bidder at a letting provided for in section 73.6 shall
have the right to maintain an action in equity to prevent the
violation of the terms of section 73.6. Section History: Early Form
[C39, § 1171.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 73.9] Section History: Recent Form
95 Acts, ch 71, §1
Referred to in § 73.10
73.10 EXCEPTIONS.
The provisions of sections 73.6 and 73.9 shall not apply to
municipally owned and operated public utilities. Section History: Early Form
[C39, § 1171.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 73.10] Section History: Recent Form
2002 Acts, ch 1050, §8
73.11 INCONSISTENCY WITH FEDERAL LAW.
If it is determined by the attorney general that any provision of
this chapter would cause denial of funds or services from the United
States government which would otherwise be available, or would
otherwise be inconsistent with requirements of federal law, such
provision shall be suspended, but only to the extent necessary to
prevent denial of such funds or services or to eliminate the
inconsistency with federal requirements. Section History: Early Form
[C75, 77, 79, 81, § 73.11]
73.12 THROUGH 73.14 Reserved.
73.15 TITLE AND DEFINITIONS.
1. This division may be cited as the "Iowa Targeted Small
Business Procurement Act".
2. As used in this division, unless the context requires
otherwise, "small business" and "targeted small business"
mean as defined in section 15.102. Section History: Recent Form
86 Acts, ch 1245, § 831
Referred to in § 8A.311, 10A.104, 11.46, 12E.12, 15.108, 97B.7A
73.16 PROCUREMENTS FROM SMALL BUSINESSES AND TARGETED
SMALL BUSINESSES -- GOALS.
Notwithstanding any provision of law or rule relating to
competitive bidding procedures:
1. Every agency, department, commission, board, committee,
officer, or other governing body of the state shall purchase goods
and services supplied by small businesses and targeted small
businesses in Iowa. In addition to the other provisions of this
section relating to procurement contracts for targeted small
businesses, all purchasing authorities shall assure that a
proportionate share of small businesses and targeted small businesses
identified under the uniform small business vendor application
program of the department of economic development are given the
opportunity to bid on all solicitations issued by agencies and
departments of state government.
2. a. Prior to the commencement of a fiscal year, the
director of each agency or department of state government having
purchasing authority, in cooperation with the targeted small business
marketing and compliance manager of the department of economic
development, shall establish for that fiscal year a procurement goal
from certified targeted small businesses identified pursuant to
section 10A.104, subsection 8.
(1) The procurement goal shall include the procurement of all
goods and services, including construction, but not including utility
services.
(2) A procurement goal shall be stated in terms of a dollar
amount of certified purchases and shall be established at a level
that exceeds the procurement levels from certified targeted small
businesses during the previous fiscal year.
b. The director of an agency or department of state
government that has established a procurement goal as required under
this subsection shall provide a report within fifteen business days
following the end of each calendar quarter to the targeted small
business marketing and compliance manager of the department of
economic development, providing the total dollar amount of certified
purchases from certified targeted small businesses during the
previous calendar quarter. The required report shall be made in a
form approved by the targeted small business marketing and compliance
manager.
c. (1) The director of each department and agency of state
government shall cooperate with the director of the department of
inspections and appeals, the director of the department of economic
development, and the director of the department of management and do
all acts necessary to carry out the provisions of this division.
(2) The director of each agency or department of state government
having purchasing authority shall issue electronic bid notices for
distribution to the targeted small business web page located at the
department of economic development if the director releases a
solicitation for bids for procurement of equipment, supplies, or
services. The notices shall be provided to the targeted small
business marketing manager forty-eight hours prior to the issuance of
all bid notices. The notices shall contain a description of the
subject of the bid, a point of contact for the bid, and any
subcontract goals included in the bid.
(3) A community college, area education agency, or school
district shall establish a procurement goal from certified targeted
small businesses, identified pursuant to section 10A.104, subsection
8, of at least ten percent of the value of anticipated procurements
of goods and services including construction, but not including
utility services, each fiscal year.
d. Of the total value of anticipated procurements of goods
and services under this subsection, an additional goal shall be
established to procure at least forty percent from minority-owned
businesses, and forty percent from female-owned businesses. Section History: Recent Form
86 Acts, ch 1245, §832; 88 Acts, ch 1273, §11; 90 Acts, ch 1156, §
6; 94 Acts, ch 1076, §5; 2000 Acts, ch 1231, §35; 2007 Acts, ch 207,
§10, 18; 2008 Acts, ch 1032, §164; 2009 Acts, ch 133, §19
Referred to in § 8A.111, 8A.311, 10A.104, 11.46, 12E.12, 15.104,
15.108, 97B.7A, 262.34A
State board of regents' bid procedure, § 262.34A
73.17 TARGETED SMALL BUSINESS PROCUREMENT GOALS --
PRELIMINARY PROCEDURES.
Quarterly the director of each agency and department of state
government shall review the agency's or department's anticipated
purchasing requirements. The directors shall notify the director of
the department of economic development of their anticipated purchases
and recommended procurements with unit quantities and total costs for
procurement contracts designated to satisfy the targeted small
business procurement goal not later than August 15 of each fiscal
year and quarterly thereafter. The directors may divide the
procurements so designated into contract award units of economically
feasible production runs to facilitate offers or bids from targeted
small businesses. In designating procurements intended to satisfy
the targeted small business procurement goal, the directors may vary
the included procurements so that a variety of goods and services
produced by different targeted small businesses may be procured each
year. The director of the department of economic development, in
conjunction with the director of the department of management, shall
review the information submitted and may require modifications from
the agencies and departments.
A community college or area education agency shall, on a quarterly
basis, and a school district shall, on an annual basis, review the
community college's, area education agency's, or school district's
anticipated purchasing requirements. A community college, area
education agency, or school district shall notify the department of
education, which shall report to the department of economic
development, of their anticipated purchases and recommended
procurements with unit quantities and total costs for procurement
contracts designated to satisfy the targeted small business
procurement goal not later than August 15 of each fiscal year and
quarterly thereafter, except that school districts shall report
annually. Section History: Recent Form
86 Acts, ch 1245, § 833; 90 Acts, ch 1156, § 7; 91 Acts, ch 267,
§223
Referred to in § 8A.311, 10A.104, 11.46, 12E.12, 15.108, 97B.7A,
262.34A
Purchases by regents institutions, §262.34A
73.18 NOTICE OF SOLICITATION FOR BIDS --
IDENTIFICATION OF TARGETED SMALL BUSINESSES.
The director of each agency or department, the administrator of
each area education agency, the president of each community college,
and the superintendent of each school district releasing a
solicitation for bids or request for proposal under the targeted
small business procurement goal program shall consult a directory of
certified targeted small businesses produced by the department of
economic development that lists all certified targeted small
businesses by category of goods or services provided prior to or upon
release of the solicitation and shall send a copy of the request for
proposal or solicitation to any appropriate targeted small business
listed in the directory. The Iowa department of economic development
may charge the department, agency, area education agency, community
college, or school district a reasonable fee to cover the cost of
producing, distributing, and updating the directory. Section History: Recent Form
86 Acts, ch 1245, § 834; 88 Acts, ch 1273, §12; 90 Acts, ch 1156,
§ 8; 91 Acts, ch 267, § 224; 92 Acts, ch 1244, § 36
Referred to in § 8A.311, 10A.104, 11.46, 12E.12, 15.108, 97B.7A
73.19 NEGOTIATED PRICE OR BID CONTRACT.
In awarding a contract under the targeted small business
procurement goal program, a director of an agency or department, or
community college, area education agency, or school district, having
purchasing authority may use either a negotiated price or bid
contract procedure. A director of an agency or department, or
community college, area education agency, or school district, using a
negotiated contract shall consider any targeted small business
engaged in that business. The director of the department of economic
development or the director of the department of management may
assist in the negotiation of a contract price under this section.
Surety bonds guaranteed by the United States small business
administration are acceptable security for a construction award under
this section. Section History: Recent Form
86 Acts, ch 1245, § 835; 90 Acts, ch 1156, §9; 91 Acts, ch 267,
§225
Referred to in § 8A.311, 10A.104, 11.46, 12E.12, 15.108, 97B.7A
73.20 DETERMINATION OF ABILITY TO PERFORM.
Before announcing a contract award pursuant to the targeted small
business procurement goal program, the purchasing authority shall
evaluate whether the targeted small business scheduled to receive the
award is able to perform the contract. This determination shall
include consideration of production and financial capacity and
technical competence. If the purchasing authority determines that
the targeted small business may be unable to perform, the director of
the department of economic development shall be notified and shall
assist the targeted small business pursuant to section 15.108,
subsection 7, paragraph "c", subparagraph (3). SectiHistory: Recent Form
86 Acts, ch 1245, § 836; 90 Acts, ch 1156, § 10
Referred to in § 8A.311, 10A.104, 11.46, 12E.12, 15.108, 97B.7A
73.21 OTHER PROCUREMENT PROCEDURES.
All laws and rules pertaining to solicitations, bid evaluations,
contract awards, and other procurement matters apply to procurement
contracts for targeted small businesses to the extent there is no
conflict. If this division conflicts with other laws or rules, then
this division governs. Section History: Recent Form
86 Acts, ch 1245, § 837; 90 Acts, ch 1156, § 11
Referred to in § 8A.311, 10A.104, 11.46, 12E.12, 15.108, 97B.7A